RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-05033

	COUNSEL:  NONE

	HEARING:  NO	

APPLICANT REQUESTS THAT:

His records be corrected to reflect that 13.5 days of leave were restored to his leave balance and he be paid for the lost leave.

APPLICANT CONTENDS THAT:

While going through the Medical Evaluation Board (MEB) and retirement processes, he received numerous briefings pertaining leave.  Throughout the MEB process, he was informed that leave was prohibited unless taken in the local area.  During his separation briefing he was asked to provide his current leave balance which was 77.5 days with a requested date of retirement of 15 Oct 16.  During his outprocessing, he identified his leave balance, planned start date for Permissive Temporary Duty (PTDY), terminal leave, and to sell back his accrued leave at retirement.  His plans for leave were approved by each organization; however, he was never informed that he would lose leave.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force lieutenant colonel.  In accordance with AFI 36-3003, Military Leave Program, dated 11 May 16, Payment for Accrued Leave, Title 10 United States Code, section 501 is the authority for payment of accrued leave upon reenlistment, retirement, separation under honorable conditions or death.  It limits payment of accrued leave to 60 days in a military career, effective 10 Feb 76.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends granting the application.  The applicant was able to sell 46.5 days of leave upon retirement, therefore, the restoration and payment of 13.5 days would total 60 days sold within his career.  In addition, the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, should be corrected to reflect the correct number of days the applicant was paid.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 24 Oct 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

a.	 Thirteen and a half days of lost leave be restored to his leave balance.

b.	 He be paid for 13.5 days of lost leave due to retirement.  

c.	His DD Form 214, Certificate of Release or Discharge from Active Duty, block 16, Days Accrued Leave Paid should be corrected to reflect 60 versus zero (0). 

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-05033 in Executive Session on 29 Mar 18:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record as indicated.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 Dec 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, w/atchs, dated 12 Sep 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 24 Oct 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.